CR. MISC./43517/2025 of Jhingan Sahani Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.43517 of 2025 Arising Out of PS. Case No.-269 Year-2015 Thana- TURKAULIYA District- East Champaran ====================================================== 1. Jhingan Sahani son of Late Gena Sahani Resident Of Village- Kawalpur Kanhi Tola Ps -Turkauliya District- East Champaran 2. Tetari Devi Son of Lalbahadur Sahani Resident Of Village- Kawalpur Kanhi Tola Ps -Turkauliya District- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar, Advocate For the Opposite Party/s: Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 6 05-02-2026 Heard learned counsel for the petitioners, learned APP for the State and perused the case diary. 2. The petitioners apprehend arrest in connection with Turkauliya P.S. Case No. 269 of 2015, instituted for the offences punishable under Sections 341, 323, 324, 307, 379, 448, 504, 506 and 34 of the Indian Penal Code. 3. The prosecution case, in short, is that the petitioners along with other co-accused persons assaulted husband and brother-in-law of the informant by means of axe and iron-rod causing injuries to them. It is further alleged that co-accused Shanti Devi has snatched Mangalsutra of the informant. Patna High Court CR. MISC. No.43517 of 2025(6) dt.05-02-2026 2/3 4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. Learned counsel for the petitioners also submitted that there is delay of twenty two days in lodging the FIR. It is next submitted that the allegation levelled against the petitioners are general and omnibus in nature. The petitioners have got no criminal antecedent. Learned counsel for the petitioners further submitted that other co-accused has been granted regular bail by this Court vide order dated 29.07.2025 passed in Cr. Misc. No. 46362 of 2025. 5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners. It is next submitted that specific allegation has been attributed against petitioner no. 1 of assaulting informant’s husband by means of iron rod. Hence, petitioner no. 1 does not deserve the privilege of anticipatory bail. 6. Having considered the rival submissions made on behalf of the parties, taking into account the specific allegation against petitioner no. 1, this Court is not inclined to grant bail to petitioner no. 1. So far as remaining petitioner, i.e. petitioner no. 2, is concerned, this Court is inclined to grant bail to petitioner no. 2. Patna High Court CR. MISC. No.43517 of 2025(6) dt.05-02-2026 3/3 7. Accordingly, the prayer for grant of anticipatory bail to petitioner no. 1, namely, Jhingan Sahani, is hereby, rejected. 8. So far as petitioner no. 2 is concerned, let the petitioner (i.e. petitioner no. 2), above named in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Turkauliya P.S. Case No. 269 of 2015, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Rajorshi/- (Rudra Prakash Mishra, J) U T